Breivik is on probation in court

– The prosecuting authority has now assessed that they do not agree to parole and believes that the conditions for keeping him in a closed institution are still present. Breivik wants me to argue as well as possible for his probation, says Breivik’s defender, lawyer Øystein Storrvik, to VG.

Breivik is entitled to a court trial of parole when the minimum term of the custodial sentence – ten years in his case – has expired. This is a right that all detainees have, and which Breivik now wants to use.

The Oslo Public Prosecutor’s Office opposes his release and has issued a new indictment against the now 42-year-old man. This means that a new court hearing will be held which will decide whether Breivik will be released on probation.

– As we assess it, based on the material we have received from the Prison and Probation Service, which has to do with him on a daily basis, and a new risk assessment made by a psychiatrist, we believe there is still a danger that Breivik will commit new, serious crime, says public prosecutor Hulda Karlsdottir to NTB.

She points out that an assessment must be made of Breivik and the conditions for custodial sentences based on how the situation is now.

Will to Oslo courthouse

He was sentenced to 21 years in prison for killing 77 people on Utøya and in the government quarter on July 22, 2011. The minimum time was set at the maximum of what the law allowed, which was ten years when the sentence was handed down. Today, both the maximum penalty and the maximum minimum time have increased significantly in the legislation.

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The Telemark District Court will now hear the case. The Prison and Probation Service has requested that the trial be held in Telemark prison in Skien for security reasons. When Breivik sued the state because he thought the strict penitentiary regime he was serving under violated human rights, the case was heard in its entirety in a temporary courtroom in the prison’s gymnasium.

– We believed that it should take place in a courtroom like all other cases. The security considerations are fully taken care of in, for example, Oslo District Court, where the original trial against him was held, says Storrvik.

Requirement for judicial review

The trial of the release petition has so far not been scheduled. The petition has been signed with the names Anders Behring Breivik and Fjotolf Hansen – the name Breivik changed to in 2017.

Like all detainees, Breivik is also entitled by law to have a judicial review of the conditions of detention when the minimum period has expired. Thereafter, he is entitled to a new trial every five years, but there is no maximum time for remand prisoners.

This allows the convicted person to be detained theoretically for the rest of his life.

– Even though 21 years in prison is a very long sentence, the court finds it unlikely that the time aspect in itself will reduce the risk of recurrence. After serving his sentence, the accused will in all probability still have the will and ability to commit many and very brutal murders, said district court judge Arne Lyng when he in the judgment from 2012 justified the use of detention as punishment against Breivik.

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